Brown pretrial date set in January

Posted February 3, 2022 at 9:26 am

A local man facing a murder charge in relation to a fatal vehicle accident over a year ago was back in Clinton Circuit Court for a pretrial conference on January 13.

Jesse W. Brown is charged with murder, three counts of wanton endangerment, four counts of persistent felony offender and traffic related violations in relation to a fatal wreck that claimed the live of Debra Brown of Albany. The wreck occurred on January 9, 2021 in neighboring Wayne County.

In early November, Clinton Circuit Judge David L. Williams denied a motion by Brown’s attorney, Public Advocate Brad Shuffett, to continue the trial which had been scheduled for January 22.

However, in overruling the motion, the judge wrote, “subject to any exparte motions being filed by the defendant.”

Apparently the trial for Brown has been postponed as at the pretrial conference on January 13, Judge Williams scheduled another pretrial conference in the case for March 3.

The following are other actions taken during the January, 2022 term of Clinton Circuit Court.

* Sentencing was held in the case of Commonwealth vs. Joseph Payton, pursuant to an agreement effectuated on December 13, 2021.

The defendant pled guilty to trafficking in a controlled substance 1st degree (heroin) with a five year sentence imposed. Also, guilty to trafficking in a controlled substance 1st degree (over two grams of meth) with a 10 year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for a total of 10 years to serve. The defendant shall receive credit for time served and charges of fleeing or evading police on foot 1st degree and possession of drug paraphernalia were dismissed.

* Sentencing was held in the case of Commonwealth vs. Jonathan Wray pursuant to an agreement effectuated on December 13, 2021.

The defendant pled guilty to operating a motor vehicle on revoked or suspended license 3rd or subsequent offense with a two year sentence imposed; guilty to possession of a controlled substance 1st degree with a one year sentence imposed; guilty of failure to maintain insurance on a vehicle with a $500 fine imposed; guilty of DUI 4th offense with a $500 fine imposed; and lastly, guilty of tampering with a prisoner monitoring device with a five year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the sentences shall run consecutively for eight years under one indictment and concurrently to a separate indictment for eight years, 180 days to serve with the balance probated five years with supervision.

The defendant shall also enter and complete the Clinton County Drug Court Program and three total counts of persistent felony offender 2nd degree were dismissed and he will receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Josh Davis, pursuant to an agreement effectuated on December 13, 2021.

The defendant pled guilty to theft by unlawful taking over $500 and persistent felony offender 2nd degree with a sentence of 10 years imposed.

Pursuant to the recommendation of the Commonwealth, the 10 year sentence shall be probated for five years with supervision, will pay $21,160 in restitution and receive credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Cecil Nevels, Jr.

The Commonwealth recommended dismissing the charge of assault 4th degree and further recommended amending the charge of assault 2nd degree to wanton endangerment 1st degree.

Upon a plea of guilty to the lesser charge, the defendant shall receive a five year sentence, serve an additional 30 days in jail, with the balance of the sentence pretrial diverted for five years with supervision. He shall also have no contact with the victim or victim’s family and enroll in an anger management program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ricky Dewayne Jones.

The Commonwealth recommended dismissing the charge of possession of drug paraphernalia. Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant would receive a two and one-half year sentence; upon the same charge under a separate indictment, the same sentence.

Pursuant to the recommendation of the Commonwealth, the sentences shall run consecutively for five years, probated for five years.

Final sentencing is scheduled for February 10.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jamie Scott.

The Commonwealth recommended dismissing the charges of possession of a controlled substance 1st degree and persistent felony offender 2nd degree.

Upon a plea of guilty to trafficking in a controlled substance 1st degree (less than two grams of meth), the defendant shall receive a three year sentence, probated for five years with supervision.

Final sentencing is scheduled for February 10.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Rhianna M. Elmore.

The Commonwealth recommended dismissing the following charges: possession of drug paraphernalia and trafficking in a controlled substance 1st degree.

Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant shall receive a sentence of three years, pretrial diverted for five years and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Patricia Diana Smith.

The Commonwealth recommended dismissing the charge of terroristic threatening 3rd degree and amending the charge of wanton endangerment 1st degree to 2nd degree.

Upon a plea of guilty to the lesser charge, the defendant would receive a 12 month sentence, probated for two years without supervision.

A misdemeanor judgment was entered.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jesse W. Phillips.

The Commonwealth recommended amending the charge of possession of a controlled substance 1st degree to possession of drug paraphernalia. Upon a plea of guilty to the lesser charge, the defendant would receive a 12 month sentence, probated for two years with supervision.

A misdemeanor judgment was entered.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. William David Cope.

The Commonwealth recommended dismissing the charge of criminal mischief 1st degree and amending the charge of theft by unlawful taking over $500 to under $1,000. Upon a plea of guilty to theft by unlawful taking under $1,000, the defendant shall receive a sentence of 12 months, probated for two years with supervision and pay $1,400 in restitution.

A misdemeanor judgment was entered.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Wesley Rains.

The Commonwealth recommended that upon a plea of guilty to possession of a controlled substance 1st degree, the defendant shall receive a three year sentence, pretrial diverted for five years with supervision and be assessed by the Social Services Clinician.

* During a motion by the Commonwealth to revoke pretrial diversion in the case against Rebecca Major, charged with drug related offenses, the court determined the defendant had violated terms and conditions of pretrial diversion and revoked same.

Final sentencing is scheduled for February 10.

* During in revocation hearing in the case of Commonwealth vs. Bobby Ammonett, the defendant acknowledged having violated terms and conditions of probation and the Court revoked same. The defendant shall receive credit for time served.

* During a motion by the Commonwealth to revoke probation against Timothy Stapp, charged with drug related offenses and persistent felony offender, in lieu of revocation, the defendant shall enter and complete a long-term rehabilitation program.

During a motion filed by the Commonwealth to revoke probation in the case against Brandi Beaty, charged with drug related offenses, in lieu of revocation, the defendant shall enter and complete a long-term rehabilitation program.

* During a pretrial conference in the case of Commonwealth vs. Jennifer L. Stockton, charged with drug related offenses and several counts of persistent felony offender, a trial date was scheduled for February 7 and 8.

* During a motion to revoke probation in the case of Commonwealth vs. Eric Storie, charged with drug related offenses, resisting arrest and persistent felony offender, the defendant did not appear. A warrant was previously issued.

* During arraignment, in the case of Commonwealth vs. Gary Polston, charged with two counts of wanton endangerment as well as traffic violations, the defendant did not appear and an order of arrest was issued.

Several other cases were on the January docket, with some defendants being arraigned, entering not guilty pleas and having future court appearances scheduled. Other cases were continued for various reasons.